Study On The Legal Position Of Women In Marriage And Family In Qing Dynasty

Equality between men and women has always been a hot topic in society.The legal status of ancient women is also an important research content in the field of legal history Family is the main unit of society.Therefore,women's status in marriage and family is the epitome of women's social status.It has certain value and significance to study women's status in marriage and family.In China's long feudal society,women have always been in a dominant position,subject to men,living in the cracks,the interests can not be guaranteed And the dominant position of women is different because of different dynasties.Qing Dynasty is the last feudal dynasty,on the one hand,the autocracy of the monarchy reached its peak,social control became increasingly serious,the economy was still the traditional small-scale peasant economy,the "male lord outside the female lord inside" was the normal life,and the philosophy of Cheng and Zhu was still the mainstream in ideology,requiring women to keep integrity for their husband's,limiting widows to remarry,and women were firmly imprisoned by the feudal shackles;on the other hand,because the rulers were Manchu,so there are differences between the Manchu and the Han in their ethnic habits.After the Manchu took power,they retained some national habits Therefore,there will be differences in the status of women in the marriage and family between the ruling class and the ruled class.Starting from the role of women in marriage and family,this paper studies the legal status of women as housewives,wives,concubines and mothers respectively,summarizes the basic characteristics of women's status in marriage and family in Qing Dynasty and makes commentsThis paper will be elaborated from five parts:The first part is about the historical origin of women's marriage and family status in Qing Dynasty and the complicated social environment in which women lived.In the long history,the status of women is not unchangeable.In the whole feudal society,although the status of women as a whole presents a state of being oppressed,there will be differences in each dynasty.This chapter will comb the status of women before the Qing Dynasty.The environment of women's life in Qing Dynasty was more complex,the minority was in power,Manchu and Han people had different ideas on marriage and custom family,and there was a big difference between them.This ethnic characteristic determined that women's marriage and family status not only changed because of the change of status,but also because of the differences of different ethnic groups.The second part,the legal status of daughters.In this chapter,three aspects are studied.The first is the personal right of daughters,which mainly refers to the personal freedom;the second is the property right of daughters,which is the core,and the property right is an important embodiment of the family or social status;the last is the right to education.Whether a woman can receive education when she is not married has a great impact on women's thoughts.The third part analyzes the legal status of women as wives and concubines.After daughter married,her identity changed,and she became wife or concubines.The status of wife is the core and key of women's status in marriage and family.This chapter discusses from three aspects:first,women's marriage rights,mainly analyzing whether women have the right of autonomy when marriage is concluded,terminated and remarried;second,studying the relationship of husband,wife and concubines,analyzing the rights and obligations of wife,concubines and husband in marriage life;third,the property rights of wives and concubines,exploring whether women can inherit the property of their mother's family and husband's family,and whether they can own private property?The fourth part analyzes the legal status of women as mothers.At the same time of advocating the superiority of men,the feudal society also respected the order of the long and young,so when women become mothers,their status will be improved.This part mainly discusses the improvement of mother's status from two aspects of personal rights and property rights.In the fifth part,the basic characteristics of women's marriage and family status in Qing Dynasty and their comments.In the second,third and fourth parts,in addition to the study of women's status in different life stages,the paper also combs the special rights and status of women in Manchu.It can be seen that women in Qing Dynasty not only had different status in different stages of life,but also had ethnic differences.In the end,this part summarizes the legal status of women,and based on this thinking the enlightenment of realization of gender equality in modern society.